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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 71449
Experience:  Qualified Solicitor
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I have completed a rendering job for a development company.

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I have completed a rendering job for a development company. They refused to pay me for 3 weeks. They agreed they would after receipt of an invoice. The payment never came so I started small claims action. Following this they are now claiming issues with my work due to miscolouring even though they have took down the scaffold and painted over the rendering. It’s business to business not consumer . Do they have a case not to pay me?
JA: Where are you? It matters because laws vary by location.
Customer: The work was done in wyre and fylde england
JA: What steps have you taken so far?
Customer: started small claim
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Hi there. I am sorry to learn of the difficulty you are having with this. Can I just check, did they confirm in writing that they would pay you after receiving an invoice? and how much are you owed in total?

Customer: replied 22 days ago.
they said send it over and we will pay it
Customer: replied 22 days ago.
They had complained that the floor needed sweeping
Customer: replied 22 days ago.
Eventually they took the scaffold down
Customer: replied 22 days ago.
painted a picture on top of the rendering
Customer: replied 22 days ago.
There was one text three weeks after the rendering where they said I want to talk to you but they had already agreed to pay the invoice

Thank you, ***** ***** much are you owed in total please?

Customer: replied 22 days ago.

OK thank you for providing this information. Please do not worry and leave it with me for now; I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Customer: replied 22 days ago.
Can I add the texts where he agreed to pay
Customer: replied 22 days ago.
File attached (SGVLSZT)
Customer: replied 22 days ago.
File attached (LZT7QV2)
Customer: replied 22 days ago.
File attached (7PP176Z)
Customer: replied 22 days ago.
That’s all

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. First of all, I am sorry to hear about the issues you have experienced in your situation.

Even though this is a business to business contract there is still an expectation for you to hve performed to work to a reasonable and satisfactory standard.

In the event of alleged substandard work, the trader should either redo the parts of the work which are inadequate or perform the whole service again at no extra cost to the customer. This must be done within a reasonable time and without causing significant inconvenience. If this is not possible, the customer can claim a price reduction, based on the severity of the issues. That is something which should be negotiated between the two parties.

So they should have identified the issues they complain of and given you an opportunity to resolve them before they start claiming from you about them. Also, it will depend on whether they had made the issues worse through their own interference or doing anything else that may have an adverse effect on them.

As is the case with such matters you can never predict what the outcome will be so it is best to proceed with the claim and see what the judge says. If you lose you will not have any high legal costs to pay as each side covers their own so you won’t have to compensate the other side for example.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

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